EMPLOYMENT LAW FIRM STUART, MARTIN COUNTY

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on nationality, sexual orientation, sex, race, or religion. According to the U.S. Equal Employment Opportunity Commission, discriminatory acts can include the following:

• Hiring/firing
• Compensation
• Employee classification
• Use of company facilities
• Training opportunities
• Apprenticeship programs
• Retirement benefits
• Salary / pay
• Recruitment
• Testing
• Fringe benefits
• Employment conditions

Although these actions are not innately discriminatory, they are considered discrimination when employers make hiring decisions, etc. based on nationality, religion, gender, or sexual orientation. For example, an employer cannot offer employees different salaries or retirement benefits based on their nationality. Additionally, a company cannot fire individuals because of their sexual orientation or religion.

Under Title VII and EEO laws, employers cannot base decisions about their employees because of:

• National Origin
  National origin discrimination occurs when an employer treats an employee differently because of his/her birthplace, culture, ancestry, or linguistic characteristics. If these characteristics are common to a specific ethnic group, the employer may be charged with employment discrimination. An employer who requires employees to only speak English at work may be guilty of national origin discrimination.
• Gender
  Employers are not allowed to treat employees differently because of their gender. Gender discrimination violations are often related to sexual harassment. For example, employers and co-workers are not allowed to make sexist jokes or treat an employee differently because of his/her sex. Title VII prohibits pregnancy-based discrimination.
• Sexual Preference
  Under EEO laws, employers are not allowed to discriminate against their employees based on sexual orientation. Hiring, firing, promotions, and retirement plans cannot be based on an employee’s sexual orientation. For example, an employer cannot withhold a promotion because he/she is biased against an employee’s sexual preferences.

Employment law in the state of Florida can be very complicated. If you are an employer facing a potential lawsuit, it is imperative for out obtain the help of a qualified employment lawyer A lawsuit can have grave consequences and monetary penalties that affect your company, job or earning potential. Lawsuits are stressful and overwhelming for all parties involved, and those pertaining to companies and employees are especially contentious. Losing a lawsuit can have a devastating influence on your life, family, and career. If you are in the midst of a lawsuit or need sound legal counsel in the event of an employment-related lawsuit, do not hesitate another moment. Call Crary Buchanan today to enlist the services of a skilled and aggressive employment law attorney.

When an employee works more than 40 hours in a single workweek, or if an employee performs manual labor for more than 10 hours in a single day, he or she may be working overtime. Some companies require employees to work overtime to finish projects or prepare for upcoming events, and others allow employees the opportunity to work overtime hours to make extra money. Whatever the reason for the excess work hours, the Fair Labor Standards Act (FLSA) requires that employers compensate these workers with overtime pay that is at least one and a half times their regular pay rate if the employee is not otherwise exempt from overtime pay provisions. At times, however, an employer may refuse to pay the overtime wages or stall the payment of these wages. If this is happening to you, it is imperative that you retain the services of a Stuart, Martin County lawyer immediately to discuss your case and determine your legal options.

Harassment in the workplace is unnecessary and unwelcome speech or behavior based on an individual’s race, religion, nationality, sex, age, disability, or appearance. Offensive conduct includes such things as interference with work performance, mockery or ridicule, name-calling, offensive jokes, intimidation, slurs, insults, offensive pictures and objects, and physical assault or threats. Harassment can come from coworkers, supervisors, and employers, but petty slights and annoyances or isolated incidents do not warrant legal action. The U.S. Equal Employment Opportunity Commission (EEOC) states that harassment is unlawful in situations where:

An employee who files a discrimination charge, or testifies or participates in an investigation is protected against harassment under anti-discrimination laws. When allegations of harassment are filed, the EEOC will examine the entire situation, including the context of the alleged incidents and nature of the conduct. There is no set formula to determine the illegality of harassment; EEOC determines if the harassment is pervasive or severe enough to be illegal on a case by case basis. Employers and supervisors are responsible to protect all employees from harassment, but if they do not, the harassed employee must contact a Stuart, Martin County attorney as soon as possible.

Whether you realize it or not, sexual harassment is more than unwanted advancements – it can be anything from a demeaning joke to inappropriate touching. According to the United States Equal Employment Opportunity Commission, it is unlawful to harass someone because of their sex. This includes unwanted advances, requests for sexual favors, and any type of verbal or physical harassment that is sexually demeaning.

Although this type of behavior is illegal, it remains a prevalent issue in the modern workplace. Additionally, there are many, commonly believed myths about sexual harassment that are simply not true. For instance, people may assume that only women are the target of harassment. In reality, men and women are both subject to harassment. Similarly, men and women may be harassed by my member of the same sex. Sometimes, your employer can be held partially liable for any harassment you endure, unless your employer is able to demonstrate that he/she took adequate steps to prevent the harassment.

For a work environment to be considered “hostile,” a variety of factors come into play. For instance, how long has the inappropriate behavior been going on? If the behavior is not severe and has only been reported once or twice, the case may not be seriously considered. However, if the harassment is severe and ongoing, the work environment may be labeled hostile very quickly. Additionally, the conduct of the alleged victim is extremely important.

Did he/she attempt to stop the behavior? For example, if the alleged victim willingly participated in sexual behavior, inappropriate banter, it may be difficult to prove that the victim was actually harassed.

Finally, common sense has some bearing on the outcome of the case. If a reasonable person would not have considered the defendant’s behavior to be harassment, it may be hard to construct a convincing case against him/her.

A harasser can be your coworker, your boss, an agent, client, or another work-related individual. Generally speaking, the most important factor to consider in these cases is whether or not your employer was aware of the harassment and tried, to the best of his/her ability to keep your work environment secure and hazard-free. If you have been victimized by a harasser, talk to an attorney from Crary Buchanan today. At the firm, we are ready to defend your rights as an employee and give you the top-not legal assistance you need – the sooner we hear from the fast we can begin working on your case. Call today!

Generally speaking, wrongful termination is a legal term that refers to an employer who lets an employee go without a good reason. Even if your job is held at-will (meaning that you or your employer can end your employment at any time), United States law does not allow your employer to discriminate unfairly against you. What does this mean? Your boss cannot fire you for illegal reasons. These reasons might include, firing you in violation of anti-discrimination laws, firing you because you failed to return romantic advances, firing you in violation of a written agreement, firing you in violation of established labor laws, or firing you as a form of retaliation. For instance, if you filed a complaint against your employer and he/she fires you, you may have reason to file a wrongful termination claim.

If you believe that you’ve been wrongfully discharged, there are steps that you can take towards seeking compensation. There are also a variety of things that you should avoid. You may feel a sense of animosity or anger towards your employer; do not act on these feelings of bitterness. Acting on these negative instincts may lead to actions on your part that are not lawful or wise. On the other hand, you should make a point to find out who decided to fire you, the specific reasons for your discharge, and the opportunity to view your personnel file.

Additionally, you may seek to negotiate a severance package. Make sure that you are not intimidated by your employer or your termination. If you have been discharged illegally, you may deserve compensation for your lost job. After you are let go, be sure that your return any company property in your possession. If you fail to do this, the court may not view your actions favorable and you may have a difficult time filing a wrongful termination claim against the company.

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